Ranjan Kumar @ Rajan Kumar v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.42346 of 2023 Arising Out of PS. Case No.-554 Year-2022 Thana- PATNA COMPLAINT CASE DistrictPatna ====================================================== 1.
RANJAN KUMAR @ RAJAN KUMAR son of Late Ram Pratap Gupta Village- Noorsarai Ps- Noorsarai Dist- Nalanda at present- flat no-503, Yashoda enclave Daud Bigha Kumhrar Ps- Agamkuan Dist- Patna 2.
Ranjit Kumar son of Late Ram Pratap Gupta Village- Noorsarai PsNoorsarai Dist- Nalanda at present- flat no-503, Yashoda enclave Daud Bigha Kumhrar Ps- Agamkuan Dist- Patna 3.
Pankaj Poddar son of Late Jagdish Poddar Village- Makdumpur Ps- Kodha Dist- katihar ... ... Petitioner/s
Versus
1.
The State of Bihar 2.
Er. Awlesh Kumar son of Rewat Narayan Singh Mohalla- Ashok Nagar Road no-10, Indiri Sadan, Kankarbagh Colony, Ps- Kankarbagh Dist- Patna ... ... Opposite Party/s ====================================================== Appearance :
For the Petitioner/s :
Mr. Shailendra Kumar Verma For the Opposite Party/s :
Mr. Shailendra Kumar ====================================================== CORAM: HONOURABLE MR. JUSTICE SATYAVRAT VERMA ORAL ORDER 08-08-2023
1. Heard learned counsel for the petitioners and learned A.P.P. for the State.
2. The petitioners apprehend their arrest in a case registered for the offences punishable under Sections 406, 468, 471, 120(B), 504 of the Indian Penal Code.
3. The informant alleges that Ranjan works as a contractor for him, hence, a flat was provided for his stay, but when he on 11.05.2022 asked him to vacate the flat, he misbehaved and threatened in connivance with petitioner No. 2
Patna High Court CR. MISC. No.42346 of 2023(2) dt.08-08-2023 2/3 and 3.
4. Learned counsel for the petitioners submits that the petitioners are persons with clean antecedent.
5. Learned counsel submits that the petitioners have been falsely implicated in the present case, it is next submitted that from perusal of the allegations as alleged in the FIR, it would manifest that the dispute is purely civil, it is also submitted that the informant had entered into an agreement for sale with petitioner No. 1 with respect to the property in question for which he had also taken the consideration amount but the sale deed was not being executed as such, the petitioner filed Title Suit No. 66 of 2022 pending adjudication in the Court of learned Sub-Judge I, Patna City. It is thus, submitted that the moment the informant came to know about the pendency of the aforesaid Title Suit, the present false case came to be instituted. It is also submitted that if what has been alleged in the FIR is true, then the informant has remedies available in law before a Court of competent civil jurisdiction.
6. Learned A.P.P. for the State opposes the prayer for anticipatory bail of the petitioners.
7. Considering the submissions made by the learned counsel for the petitioners, the petitioners above-named, in the
Patna High Court CR. MISC. No.42346 of 2023(2) dt.08-08-2023 3/3 event of their arrest or surrender before the learned trial court within a period of six weeks from today, be released on anticipatory bail on furnishing bail bonds of Rs. 10,000/- (Rupees Ten Thousand) each with two sureties of the like amount each to the satisfaction of the learned trial court where the case is pending/successor court in connection with Complaint Case No. 554 of 2022 subject to the conditions as laid down under Section 438 (2) of the Cr.P.C. (Satyavrat Verma, J) HarshPandey/- U T